A GUIDE TO MARINE AQUACULTURE PERMITTING
IN CONNECTICUT
JOINT AGENCY AQUACULTURE PERMITTING WORK GROUP JULY 2019 This document may be referenced as: Getchis, T.L., Carey, D.H., Kelly, S., Rose, C.M., Romero, K. and D. Gonyea. 2019. A Guide to Marine Aquaculture Permitting in Connecticut. Connecticut Sea Grant. CTSG-19-06. Groton, Connecticut. Copies of this document can be downloaded at: http://aquaculture.uconn.edu/commercial/ or requested from: Connecticut Sea Grant College Program University of Connecticut 1080 Shennecossett Road Groton, CT 06340-6048 (860) 405-9128
For questions, please contact: Connecticut Department of Agriculture Bureau of Aquaculture 190 Rogers Avenue, P.O. Box 97, Milford, CT 06460 Telephone: (203) 874-0696; Email: [email protected]
ABOUT THE PUBLISHER Sea Grant is a unique partnership between the nation’s universities and its primary ocean agency, the National Oceanic and Atmospheric Administration. Connecticut Sea Grant, based at the University of Connecticut, collaborates with maritime industries and coastal communities to identify needs, and fund research, outreach and educational activities that have special relevance to Connecticut and Long Island Sound. Connecticut Sea Grant’s vision is to foster sustainable use and conservation of coastal and marine resources for the benefit of the environment and current and future generations of residents of Connecticut and the region. This publication is sponsored in part by the National Oceanic and Atmospheric Administration (NOAA) Project # NA14OAR4170086 and Connecticut Sea Grant Project No. A/E-1.
LEGAL DISCLAIMER This guide should serve as an introduction to the permitting process, but should not replace regular communication with the regulatory agencies. The authors have made every effort to ensure the accuracy of the information in this guide at the time of its completion. Laws, regulations, and guidelines can change at any time, and the status of laws and regulations in the future cannot be predicted with certainty. Therefore, every reader of this guide should contact the state regulatory authority to ensure that the regulatory information is up to date.
ACKNOWLEDGEMENTS: This document was subject to a public review and comment period. The authors wish to acknowledge the shellfisheries community, private citizens, and especially the following individuals, for their careful review and contributions: Nancy Balcom, Judy Benson, Anoushka Concepcion, Kristin DeRosia-Banick, Alissa Dragan, James T. Carlton and Karen Ward.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 2 OVERVIEW...... 4
TABLE OF KEY CONSIDERATIONS and RESTRICTIONS...... 5 CONTENTS LONG ISLAND SOUND BLUE PLAN...... 7
THE REGULATORY PROCESS...... 8
1. SITE SELECTION AND DESIGNATION...... 8 1.1. Aquaculture in State Waters...... 9 1.1.1. Shellfish Sites...... 9 1.1.2..Seaweed Sites...... 9
1.2. Aquaculture in Town Waters...... 11 1.2.1. Shellfish Sites– All town areas except those listed in 1.2.2. and 1.2.3...... 11 1.2.2. Shellfish Sites– Bridgeport, Milford, West Haven, New Haven and Westport...... 12 1.2.3.. Shellfish Sites– Branford Initiative Area...... 12 1.2.4. Seaweed Sites...... 13
2. USE OF AQUACULTURE ORGANISMS...... 13 2.1. Policies...... 13 2.2. Application Process...... 13
3. PLANTING AND CULTIVATION...... 14 3.1. Description of Bottom Culture (molluscan shellfish only)...... 15 3.1.1...Application Process...... 15 3.2. Description of Aquaculture Gear and/or Facilities Use...... 17 3.2.1..Application and Review Process...... 19
4. PRODUCTION ...... 29 4.1. Shellfish Production License and Associated Requirements...... 29 4.1.1..Shellstock Shipper I License: Combined Harvest and Relay Activities...... 29 4.2. Seaweed Production Licenses and Associated Requirements...... 30 4.2.1. Raw Agricultural Seaweed Commodity...... 30 4.2.2. Processed Seaweed Commodity...... 31
5. HANDLING, HARVEST AND SALE...... 32 5.1. Safe Seafood Harvest...... 32 5.2. Training and Plans...... 32 5.3. Inspection...... 33
6. GOVERNANCE OF AQUACULTURE IN CONNECTICUT...... 33
APPENDIX I. Contact Information for Permitting Agencies and Extension Services...... 35
APPENDIX II. Licenses and Permits Associated with Aquaculture...... 37
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 3 PURPOSE The purpose of this guide is to assist individuals with navigating the regulatory process for marine OVERVIEW aquaculture in Connecticut.
DEFINITION OF AQUACULTURE Aquaculture is defined in the Connecticut General Statutes (Sec. 22-11c.) as “the controlled rearing, cultivation and harvest of aquatic plants and animals in land-based and marine-based culture systems, tanks, containers, impoundments, floating or submerged nets or pens and ponds.” Aquaculture is governed by the Connecticut General Statutes, and is subject to other municipal, state and federal regulations. Relevant statutes and regulations can be found in section 6.
AUDIENCE This guide is intended for those seeking authorization for:
P A new commercial operation or facility P A change to an existing commercial operation or facility P A non-commercial project (e.g. research, education, habitat restoration, stock enhancement) that includes use of aquaculture organisms, gear, facilities and/or planting and cultivation methods
WHAT DOES THIS GUIDE COVER? Step 1. Site Selection and Designation This guidance document reviews the steps necessary to conduct commercial aquaculture activities in the state of Connecticut. An overview of the regulatory process for Step 2. Use of Aquaculture Organisms commercial aquaculture is provided in Fig. 1. The regulatory requirements for non-commercial
activities are also included. Step 3. Planting and Cultivation LEAD AND SUPPORTING AGENCIES Step 4. Production The Connecticut Department of Agriculture, Bureau of Aquaculture (DA/BA) is the lead state agency for aquaculture development. The DA/ BA Director serves as the state aquaculture Step 5. Handling, Harvest and Sale coordinator, and acts as a liaison among local, state and federal permitting officials Figure 1 Overview of the Regulatory who comprise the Connecticut Aquaculture Process for Aquaculture Permitting Work Group. The key agencies include the Connecticut Department of Energy and Environmental Protection (DEEP), the U.S. Army Corps of Engineers (USACE) and municipal shellfish commissions. The Work Group coordinates the regulatory review process with other local, state and federal agencies depending on the nature of the proposed aquaculture activity.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 4 There are several key factors that should be considered in planning for marine aquaculture in Connecticut. This guidance is important for anyone considering aquaculture activity. KEY 1. Identify the intent of the project and the final product.Commercial aquaculture involves the CONSIDERATIONS sale of a cultivated organism. The final product form dictates where the organism can be grown AND and which agency regulates the processing and sale of such product. Aquaculture organisms that RESTRICTIONS are cultivated or used as part of a research, education, habitat restoration or stock enhancement projects may not be sold and must be properly disposed of.
2. Use native species and strains only. The introduction and transfer of non-native marine species poses a risk of transporting competitors, predators, parasites, pests and diseases which can compromise the aquaculture operation and the marine environment. The use of non-native species is strictly prohibited in open water. Native species may be transplanted within Long Island Sound and its tributaries with the appropriate license. Restrictions on import of native species from outside of Long Island Sound exist (see section 2.1).
3. Seek an area designated as appropriate for the activity to be conducted. Harvest of molluscan shellfish for direct human consumption is only allowed from harvest areas classified as “Approved” and “Conditionally Approved” areas that are in “Open” status. Harvest of seaweed for direct human consumption is only allowed from harvest areas classified as “Approved” that are in “Open” status. View the Aquaculture Mapping Atlas to identify harvest area classifications.
4. Avoid to the greatest extent possible, and minimize potential interactions with protected species. Certain marine species (e.g. mammals, turtles, birds) and habitats (e.g. eelgrass) are protected by state and federal law. Restrictions may be placed on projects proposed in proximity to the approximate locations of endangered, threatened and special concern species in natural communities in Connecticut, as defined in the Natural Diversity Data Base maps. View them on the Aquaculture Mapping Atlas. State or federal agencies may also request changes to the project design or configuration to address potential impacts to these resources.
5. Avoid activity in protected habitats (e.g. eelgrass, salt marsh). Aquaculture activity in any eelgrass bed, including harvest, is strictly prohibited. The following conditions will be regularly implemented by the USACE:
(a) aquaculture gear may not be located over or within 25 feet of beds of submerged aquatic vegetation (SAV), nor shall such beds or vegetated marsh areas be damaged or removed;
(b) routine lease activity including gear maintenance, washing, etc. shall not occur within 25 feet of the edge of SAV beds;
(c) every year at the onset of the growing season (May 15 through June 15) that gear will be placed at the authorized gear location(s) near SAV, the permittee shall conduct a visual assessment of the gear area (see Joint Federal Agency SAV Survey Guidance - Tier 1), at low tide, for eelgrass. If eelgrass is present, the outer boundary of the bed should be marked with buoys of a different color than the shellfish aquaculture gear markers, and the gear shall be installed or relocated such that it is placed a minimum of 25 feet away from the seasonal boundary of the eelgrass. Buoys that mark the SAV area shall be relocated each year, as needed, to maintain the 25-foot offset and ensure compliance. View the Aquaculture Mapping Atlas to identify the most recent data available on location of eelgrass beds.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 5 6. Keep a minimum clearance of 18 inches between floating gear types (e.g. upwellers or bag lines) and the sea floor at the lowest tide, usually referred to as mean lower low water. KEY This is an environmental condition contained within the Department of Army (USACE) General CONSIDERATIONS Permit for the State of Connecticut and is also an important consideration during a programmatic AND coordination with the National Marine Fisheries Service for impact on Essential Fish Habitat and resources protected under the Endangered Species Act. RESTRICTIONS 7. Avoid to the greatest extent possible, and minimize impacts to significant human use areas. Certain existing significant human uses (e.g. fishing, boating) as well as historic sites (e.g. shipwrecks and lighthouses) may be protected by state and federal law. The Long Island Sound Blue Plan contains maps and descriptions of Significant Human Use Areas, and should be consulted in planning an aquaculture project (see following section on “Long Island Sound Blue Plan”). Consider the audio, visual and olfactory effects of the proposed aquaculture activity and how these might affect the surrounding community and existing water dependent uses. When planning the project, contact adjacent property owners, local shellfish and harbor management commissions, harbormasters, fishermen and other important user groups to discuss existing uses and potential perceived conflicts before submitting an application. Use the information obtained from these stakeholders to design the project to minimize impacts. Regulatory agencies may place conditions on proposed projects in order to minimize adverse impacts to other water-dependent uses or to adjacent property owners. A link to the lists of Shellfish Commissions and Harbor Management Commissions/ Harbor Masters is provided in Appendix 1.
8. Provide sufficient distance between aquaculture gear units so that the right of the public to traverse or utilize the waters between the authorized structures is not impeded. Applicants should determine gear spacing based on their knowledge of the type/class of vessels transiting the area.
9. Maintain a buffer between aquaculture activity and federal navigation projects. Aquaculture activity in federal navigation projects is strictly prohibited and aquaculture operations must maintain a reasonable buffer to ensure that operational features will not interfere with an existing or proposed federal project (e.g. navigation channel, anchorage area or structure such as a levee or breakwater created at public expense), or its use. The potential for an aquaculture operation’s interference with a federal project will be assessed on a case-by-case basis by the USACE. If the project has the potential to adversely impact these areas, a separate permit application may be required. View U.S. Coast Guard navigation charts on the Aquaculture Mapping Atlas .
10. Identify transit routes and shoreside infrastructure. Ensure safe transit routes to/from aquaculture projects and product landing sites, and access to adequate infrastructure such as utilities, ice, storage, transportation. Note that publicly funded recreational boat ramps may not be used for commercial purposes including landing aquaculture product.
11. Consult with relevant local, state and federal agencies about the proposed activities. These regulatory agencies may have similar and overlapping interests, so it is a good strategy for applicants to work with these agencies concurrently (rather than sequentially) to the extent that the process allows. Doing so will provide opportunities for all of the agencies to share information and coordinate their review processes, increasing the prospects for a timely decision on the application and minimizing the chances of having conflicting requirements from two or more authorities.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 6 AQUACULTURE SITE SELECTION TOOL The Aquaculture Mapping Atlas is available to assist applicants with the site selection process. The tool provides regulatory, human use and environmental data that may be helpful in the decision-making process, and in developing an application for aquaculture activity.
ll aquaculture projects proposed within the Long Island Sound Blue Plan Area will be subject to the policies of the plan. Upon approval of the Long Island Sound Blue Plan by the LONG ISLAND A Connecticut legislature (expected in 2020), the Plan’s resource and use policies will apply BLUE PLAN to certain project applications within the Blue Plan Policy Area. This area is seaward of a mapped line based on the 10-foot depth contour (based on the North American Vertical Datum or NAVD) within the Connecticut waters of Long Island Sound, and the applicable policies can be found in Chapter Four of the Plan document. Among other things, the Blue Plan policies support aquaculture and other water-dependent uses and seek to minimize conflicts between different uses and between uses and natural resources. By designing an aquaculture project to avoid potential use conflicts and minimize potential environmental impacts, permit processing can be streamlined and potential issues identified early in the process.
On a broader level, the Long Island Sound Blue Plan will also help applicants with the aquaculture site selection process. The Blue plan includes a Resource and Use Inventory at www.ct.gov/deep/ lisblueplaninventory that provides information on the location of resources and human uses in Long Island Sound, and The Blue Plan Map Viewer contains all data layers for the project in a format for exploration by overlaying various maps of resources and human uses. The Blue Plan data includes additional information beyond what is currently available in the Aquaculture Mapping Atlas, as the Plan is intended to identify and protect places of traditional use and ecological significance, and to minimize conflicts, now and in the future. This includes preserving a collective vision of Long Island Sound, and facilitating a transparent, science-based decision-making process. The Blue Plan is expected to be approved in 2020 by the CT legislature, at which point the Blue Plan policies will guide decisions made by local shellfish commissions, DOA and DEEP for projects within the Blue Plan policy area.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 7 THE REGULATORY PROCESS THE REGULATORY 1. SITE SELECTION AND DESIGNATION PROCESS The first step in the regulatory process is for the applicant to obtain permission to use the proposed site for the project. The process for authorizing the location of the proposed project depends on where the project will take place and the organism to be cultured (Fig. 2). Aquaculture on private property is allowed in certain circumstances. Private property refers to STEP 1. locations such as hatcheries, docks, marinas, research and education facilities, or private underwater Site selection and designation deeds (e.g. King’s Grants) that predate the current system of leasing public waters. Applicants proposing activity on private property must be the owner or have written authorization from the STEP 2. property owner to use the site for the described activity. Land-based projects may also be subject to Use of aquaculture organisms local land use and zoning regulations. STEP 3. Public waters include all underwater lands in Connecticut. These are considered to be held in the public Planting and cultivation trust and cannot be purchased for sale. In all cases, applicants need legal authorization (described in the STEP 4. next section) to establish a commercial operation or to conduct a non-commercial project that includes Production use of aquaculture organisms, gear, facilities and/or planting and cultivation methods in navigable waters of the State of Connecticut. STEP 5. Handling, harvest and A State Jurisdiction Line separates shellfish harvest areas that are under the exclusive jurisdiction sale of the state (DA/BA), and those under the jurisdiction of the towns in which they are located (CGS
Review Pre-application STEP Considerations
Public Trust Private STEP Property Property
State Waters Town Waters Water-based Land-based STEP Locations Locations
STEP Shell sh Seaweed Shell sh Seaweed Any Any
STEP Apply to Apply to Apply to Town Apply to Apply to Apply to Provide written Provide written DA/BA DA/BA Shell sh DA/BA for DA/BA for DA/BA for documentation documentation for for Commission for Shell sh Branford Seaweed to DA/BA to DA/BA to Shell sh Seaweed Agreement in: Lease in: Initiative Area to prove prove ownership or Leases Area All towns except Bridgeport, License: License ownerships provide letter License Bridgeport, Milford, Milford, Branford of permission West Haven, West Haven, Initiative Area from owner, New Haven, New Haven, and adhere to Westport Westport local zoning and Branford ordinances Initiative Area
Figure 2 . Aquaculture Site Selection & Designation Overview
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 8 THE REGULATORY PROCESS
STEP 1. Site selection and designation STEP 2. Use of aquaculture organisms STEP 3. Planting and cultivation STEP 4. Production STEP 5. Handling, harvest and sale
Figure 3 . Connecticut Shellfish Jurisdiction Line
Sec. 26-192) (Fig. 3). There are a few exceptions where aquaculture in the following towns is under exclusive jurisdiction of the state: Bridgeport, Milford, West Haven, New Haven, Westport and the Branford Initiative Area. In those locations, applicants must follow the rules identified in section 1.2.2 and 1.2.3, respectively. To view the shellfish jurisdiction areas for aquaculture in Connecticut, view the Aquaculture Mapping Atlas. There is no such jurisdiction line for seaweed harvest areas, and all areas are under sole jurisdiction of the state. There is no Exclusive Economic Zone (e.g. federal offshore waters) in Long Island Sound. While town officials have the authority to authorize a space for aquaculture activity to occur, state and federal officials bear the statutory responsibility to ensure the proposed activity is consistent with the town shellfish and harbor management plans, to facilitate an environmental impact review, to authorize the use of aquaculture organisms, gear and facilities, as well as planting, cultivation, harvest, processing and sale. Upon receipt by state and federal agencies, applications are reviewed, permitting path determined, and if deemed necessary, proposals are subject to Environmental Impact Review. The following section describes the site selection and designation process by location and species.
Site authorization only provides an individual with access to the site. The use of aquaculture gear, facilities and species, the planting and cultivating of aquaculture organisms, and the handling, harvest and sale of aquaculture product requires additional state and federal agency review, authorizations and licenses identified in subsequent sections.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 9 1.1. AQUACULTURE IN STATE WATERS THE 1.1.1. Shellfish Sites REGULATORY DA/BA and the Commissioner of Agriculture leases shellfish grounds through PROCESS competitive bids. Connecticut General Statutes (CGS) Sec. 26-194 specifies a minimum bid of $4.00/acre. It is the policy of the Department of Agriculture (DOA) that the lease be square or rectangular in shape. There is a 50-acre minimum and 200-acre maximum per bid. A lease is granted for a 3- to 10-year STEP 1. term with renewal option, provided the lessee has paid rental fees. Leases are Site selection and granted by the Commissioner of Agriculture to the highest responsible bidder. designation Step 1. To acquire space to cultivate shellfish in the state waters of Connecticut STEP 2. Use of aquaculture (or the town waters of Bridgeport, Milford, West Haven, New Haven and organisms Westport), the applicant must contact DA/BA to determine availability. STEP 3. Step 2. The applicant must complete and submit a DA/BA Shellfish Lease Planting and cultivation Application.
STEP 4. Step 3. DA/BA reviews the application for use conflicts, and assuming none, Production sends the boundary/coordinates to the State Bureau of Engineering so that a legal STEP 5. description can be written. Handling, harvest and sale Step 4. A notice of the application is advertised by the Commissioner of Agriculture for one day in a newspaper having a daily circulation in the town or city where the shellfish grounds are located and on the DOA website. The advertisement must appear at least 10 days before the date set for the bid opening. It is the policy of the DOA that all new leases are posted to the DOA website on or before the 15th of the month with the bid opening the first week of the following month.
Step 5. DA/BA issues a survey license to all additional prospective bidders. Step 6. The applicant and all additional prospective bidders submit to DA/BA a sealed bid which must be accompanied by a check, payable to the Commissioner of Agriculture, for one year’s rental fee.
Step 7. The bids are opened as part of public process. All bidders are notified of the outcome.
Step 8. The successful bidder additionally pays the legal notice fee - $200.00 (more or less), $35.00 per corner to mark the lease boundaries, and the costs of any poles, buoys, buoy stones, floats, and rope used. These materials may be furnished by the DOA and billed to the lessee. If an applicant is not the highest bidder the application fee and the one-year rental fee will be returned.
Site authorization only provides an individual with access to the site. The use of aquaculture gear, facilities and species, the planting and cultivating of aquaculture organisms, and the sale of aquaculture product requires additional state and federal agency review, authorizations and licenses identified in subsequent sections.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 10 1.1.2. Seaweed Sites DA/BA and the Commissioner of Agriculture license seaweed areas per CGS Sec. THE 22-11j. DOA issues a nontransferable license, in the name of the state, for a period REGULATORY of not greater than five years and with an annual license fee of twenty-five dollars PROCESS ($25.00) per acre. Any person who has a shellfish lease authorized pursuant to CGS Sec. 26-194 or Sec. 26-257a is not required to remit an annual license fee.
Step 1. To acquire space to cultivate seaweed in Connecticut state waters, STEP 1. applicants must contact DA/BA to determine availability. Site selection and Step 2. The applicant must complete an application for a DA/BA Seaweed Area designation License and submit it along with the associated fee (unless not required). STEP 2. Use of aquaculture Step 3. DA/BA reviews the application for use conflicts and, and assuming none, organisms assigns the boundary/coordinates and writes a lot description. STEP 3. Step 4. DA/BA executes a Seaweed Area License Agreement and provides to Planting and cultivation applicant.
STEP 4. Site authorization only provides an individual with access to the site. The Production use of aquaculture gear, facilities and species, the planting and cultivating STEP 5. of aquaculture organisms, and the sale of aquaculture product requires Handling, harvest and additional state and federal agency review, authorizations and licenses sale identified in subsequent sections.
1.2. AQUACULTURE IN TOWN WATERS
1.2.1. Shellfish Sites – All town areas except those listed in 1.2.2. and 1.2.3. According to CGS Section 26-257a of the Connecticut General Statutes, municipal officials (typically shellfish commissions) may designate suitable places within its jurisdiction for the planting and cultivating of shellfish.
Step 1. To acquire space to cultivate shellfish in town waters (except Bridgeport, Milford, West Haven, New Haven, Westport and Branford Initiative Area – see following sections), the applicant must contact the local shellfish commission or the town selectman/mayor (if a shellfish commission does not exist) to determine site availability. A list of shellfish commission contacts can be viewed atwww. ct.gov/doag and select “aquaculture.”
Step 2. The applicant must complete and submit the town-specific application. Step 3. Upon receipt of an application, town authorities make a determination or tentative determination (depending on the town-specific process) of site suitability and provide notice to DA/BA.
Step 4a. In the case that the town provides authorization for the space to the applicant, the town reviews the application and holds a public hearing, per CGS Sec. 26-240, before making a decision. The town sends the approved application to DA/BA so that the shellfish area coordinates can be added to the town shellfish bed GIS layer.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 11 Step 4b. In the case of a tentative determination, notice to DA/BA allows for the space to be set aside for a period of time (as determined by the town) to THE allow the applicant to seek relevant state and/or federal authorizations. Once the REGULATORY applicant applies for and receives all necessary state and/or federal authorizations, PROCESS the applicant must provide this information to the town. The town will review the application along with the state and/or federal authorizations, and hold a public hearing, per CGS Sec. 26-240, before making a decision. The town sends the approved application to DA/BA so that the shellfish area coordinates can be STEP 1. added to the town shellfish bed GIS layer. Site selection and Site authorization only provides an individual with access to the site. The use of designation aquaculture gear, facilities and species, the planting and cultivating of aquaculture STEP 2. organisms, and the sale of aquaculture product requires additional state and federal Use of aquaculture agency review, authorizations and licenses identified in subsequent sections. organisms STEP 3. 1.2.2. Shellfish Sites – Planting and cultivation Bridgeport, Milford, West Haven, New Haven and Westport STEP 4. According to Connecticut General Statutes, Section 26 257, there are certain Production local shellfish grounds under state control. STEP 5. Refer to section 1.1.1. (“Shellfish in State Waters”). Handling, harvest and sale 1.2.3. Shellfish Sites – Branford Initiative Area In 2014, the State of Connecticut acquired 900 acres of commercial shellfish franchise ground in the Town of Branford. The purpose of this acquisition was to create an aquaculture incubator area that allows for the planting and cultivating of shellfish. The intent is to foster the development of new commercial aquaculture enterprises, public awareness of, and support, for local and sustainable aquaculture, and public stewardship of the environment. The DA/BA administers this program and issues Branford Initiative Licenses for individuals to access a site. Sites are limited to a maximum of a five-acre plot with an annual license fee of $25.00 per acre. DA/BA may renew the license annually for a maximum of five years.
Step 1. To acquire space to cultivate shellfish in the Branford Initiative Area, located within the town waters of Branford, the applicant must contact DA/BA to determine site availability.
Step 2. The applicant must complete and submit an application for a DA/BA Branford Initiative Area License.
Step 3. DA/BA reviews the application for use conflicts and requests comments from municipal officials, including shellfish and harbor management commissions and the Thimble Islands Association secretary and Thimble Islands Ferry District on all applications utilizing aquaculture gear and facilities.
Step 4. Assuming no conflicts, and after addressing local concerns (if any), DA/ BA assigns the area to the applicant and executes a Branford Initiative Area License Agreement and collects the associated fee.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 12 Site authorization only provides an individual with access to the site. The use of aquaculture gear, facilities and species, the planting and cultivating of aquaculture organisms, and the sale of aquaculture product requires additional state and federal agency review, authorizations and licenses identified in subsequent sections. 1.2.4. Seaweed Sites The licensing of seaweed aquaculture is under exclusive jurisdiction of the state (CGS Sec 22-11j). Refer to section 1.1.2. (“Seaweed in State Waters”).
2. USE OF AQUACULTURE ORGANISMS Individuals must obtain state authorization for the use of aquaculture organisms, regardless of the type of setting (e.g. commercial, research, education, habitat restoration or stock enhancement project). 2.1. POLICIES The state requires the use of native species sourced from within Long Island Sound. Some exceptions exist (see below) but are on a case-by-case basis. Native species may be transplanted within Long Island Sound, its tributaries, coves and embayments with the appropriate license. Specific policies, identified below, are subject to change: THE P Native oysters (Crassostrea virginica): In the case that Long Island Sound sources are not available, oysters may be obtained from New York (outside Long Island Sound), REGULATORY Rhode Island or Massachussetts. DA/BA requires two years of health certificates from a PROCESS certified laboratory and a physical sample.
P Native clams (Mercenaria mercenaria): In the case that Long Island Sound sources are not available, clams may be obtained from New Jersey, New York (outside Long STEP 1. Island Sound), Rhode Island or Massachussetts. DA/BA requires two years of health Site selection and certificates from a certified laboratory and a physical sample. designation P Native kelp (Saccharina latissima): The source tissue must be obtained from Long STEP 2. Island Sound or a Connecticut hatchery that is producing native kelp spores originating Use of aquaculture organisms from Long Island Sound source tissue. STEP 3. P Non-native species: These may only be used in closed, recirculating systems. Planting and cultivation STEP 4. 2.2. APPLICATION PROCESS Production For commercial uses of aquaculture organisms, proceed to section 3.2. For all other uses, the STEP 5. following rules below apply: Handling, harvest and sale To use molluscan shellfish or seaweed obtained from Long Island Sound or Long Island Sound hatcheries: i) Only native species allowed. ii) To collect or import, complete an application for a DA/BA Scientific/Resource Assessment License.
iii) There is no application fee for this license.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 13 To use molluscan shellfish or seaweed imported from outside of Long Island Sound: i) Only native species allowed. THE REGULATORY ii) Complete an application for a DA/BA Scientific/Resource Assessment License; submit the form along with health certificates for two consecutive years from the source (e.g. PROCESS hatchery, research facility).
iii) There is no application fee for this license.
STEP 1. Site selection and To use fish, crustaceans and/or other aquatic organisms (other than molluscan designation shellfish and seaweed) from Long Island Sound: STEP 2. i) To collect: Complete an application for a DEEP Scientific Collector Permit. There is no Use of aquaculture fee for this application. organisms STEP 3. ii) To import: Complete the appropriate application for a DEEP Permit to Import Live Planting and cultivation Fish or Live Fish Eggs OR an application for a DEEP Permit to Import, Possess or Liberate Wild Birds, Mammals, Reptiles, Amphibians and Invertebrates. STEP 4. Production iii) There are no application fees for these permits. STEP 5. Handling, harvest and sale To transport any aquaculture organisms to, or within, the State of Connecticut: i) Complete an application for a DA/BA Scientific/Resource Assessment License. ii) There is no application fee for thus license.
Instructions for handling aquatic organisms after laboratory/classroom use: i) Species that are collected for these uses must be destroyed once the experiment is completed as the state does not allow release to the natural environment.
ii) The procedures for maintenance and quarantine (if necessary) of imported species and treatment of tank water and disposal of animals once the experiment is completed must be explained in detail in the application for a DA/BA Scientific/Resource Assessment License.
3. PLANTING AND CULTIVATION The applicant must next apply for permission to plant and cultivate aquaculture organisms, and, if relevant, apply to use gear and/or facilities. Local, state and federal agencies share a role in reviewing applications for these purposes. The two main regulatory paths for planting and cultivating aquaculture organisms in Connecticut are: Type 1. Bottom Culture (molluscan shellfish only) Type 2. Aquaculture Gear and/or Facilities Use The town’s designation, or naming of a permitting process, does not influence the state and federal permitting path, as joint agency application are reviewed based on content within their respective agency policies. These types of aquaculture and their respective regulatory requirements are described below.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 14 3.1. DESCRIPTION OF BOTTOM CULTURE (molluscan shellfish only) This type of aquaculture involves hand, tong or mechanical cultivation and harvest (i.e. use of a THE shellfish dredge) of shellfish, and may include planting of cultch, transplanting and culling. The REGULATORY raising or harvesting of oysters, clams, mussels and other molluscan shellfish in this manner within PROCESS the state’s public underwater farm lands (designated as such in Superior Court) or commercial shellfish leases and franchises is termed “bottom culture.” This activity is considered “agriculture” by the DOA regulation CGS Sec. 1-1(q). These are accepted aquaculture practices that have been conducted for over a century in Long Island Sound, and in many of its tributaries, coves and STEP 1. embayments. An overview of the regulatory process for bottom culture is provided in Fig. 4. Site selection and designation 3.1.1. Application Process STEP 2. Step 1. Application Use of aquaculture Once the applicant has received tentative authorization to use space in town or state organisms waters, they must then complete and submit an application for a DA/BA Shellstock STEP 3. Shipper I License (see 4.1.1). This application simplifies the regulatory process for Planting and bottom culture as it encompasses licensing for the use/import of shellfish, planting cultivation and cultivating shellfish and/or cultch. License amendments can be established to STEP 4. include such activities such as the transplanting of shellfish from relay areas for depuration Production or for longer-term planting on designated lots. There is no fee for this application. STEP 5. While bottom culture is a common and accepted practice, certain restrictions apply: Handling, harvest and sale P Mechanical harvest in federal navigation channels is strictly prohibited, except in certain existing designated shellfish beds in New Haven, Bridgeport and Norwalk. P A reasonable buffer must be maintained to ensure that operation will not interfere with a federal navigation channel, anchorage, or structure such as a levee or breakwater created at public expense, or its use. P A reasonable buffer must be maintained to ensure that operation will not interfere with a federal navigation channel, anchorage, or structure such as a levee or breakwater created at public expense, or its use. P Mechanical harvest in eelgrass beds is strictly prohibited. P Only native species may be cultured. P If deemed necessary, state and federal officials will conduct an Environmental Impact Assessment.
Use of Agriculture Site Selection and Production, Harvest Seafood Safety Training Approval Organisms Production Designation and and Sale and Plans Planting and Cultivation
Register for Seafood HACCP Course
Apply to town or DA/BA issues state to obtain Apply to DA/BA to Apply to DA/BA to Apply to DA/BA to Certi cate of tentative Shellstock Shipper I plant / transplant modify Shellstock Develop Seafood Aquaculture authorization for License shell sh Shipper | License HACCP Plan Operations to access to space Applicant
Schedule Vessel/ Facility Inspection
Figure 4. Overview of Regulatory Process for Bottom Cultivation of Shellfish
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 15 · Current state policy allows for native species to be transplanted within Long Island Sound, its tributaries, coves and embayments with the appropriate THE state-issued license and following the aforementioned policies on use of REGULATORY aquaculture organisms (see section 2.1). PROCESS · The placement of cultch may be covered under the DEEP Connecticut General Permit for Coastal Maintenance DEEP-OLISP-GP-2015-02. In order to be eligible for this general permit, the activities authorized by this general permit shall be conducted in accordance with the following conditions: STEP 1. Site selection and (a) Such placement of cultch shall only be conducted by a licensed shellfish designation operator in beds or areas designated for shellfishing under section 26-194 or STEP 2. section 26-242 of the General Statutes. Use of aquaculture organisms (b) Such placement of cultch shall be conducted only in appropriate locations for colonization by oysters, based upon factors of salinity, water quality, water STEP 3. circulation patterns and substrate composition. Planting and cultivation (c) Such placement of cultch shall not be conducted in areas of tidal wetlands or STEP 4. submerged aquatic vegetation beds. Production (d) Prior to the commencement of such placement of cultch, such licensed STEP 5. shellfish operator obtains all required authorizations from the Department Handling, harvest and of Agriculture Bureau of Aquaculture and Laboratory and the local shellfish sale commission, as applicable.
(e) Prior to the commencement of such placement of cultch, such licensed shellfish operator obtains permission in writing from the owner or lessee of such shellfish bed or area.
(f) Such placement of cultch shall be conducted in such a manner that it does not exceed a layer of cultch on the seafloor greater than 12” in depth.
(g) Such placement of cultch shall be conducted such that the placement does not exceed 1,500 bushels per acre of seafloor. Local, state and federal regulatory agencies may add other conditions to the proposed project and/or require the physical extent of eelgrass beds to be located/marked on an annual basis prior to harvest. Vessel monitoring, facilitated by DA/BA, was recently initiated and will be a tool to improve monitoring, compliance and enforcement.
Step 2. Town Review (if applicable) For shellfish projects in town waters (except in Bridgeport, Milford, West Haven, New Haven, Westport and Branford Initiative Area) the applicant must return to the town with the relevant state and federal authorizations, as applicable. Typically, the town will commence its final review of the application from applicant for a suitable place to plant and cultivate shellfish and enter into agreement with applicant for an agreed-upon duration. The town may choose to place additional requirements on the applicant as a result of the state/federal process.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 16 Step 3. Certificate for Aquaculture Operations The end result of the permitting process is a DA/BA Certificate for Aquaculture THE Operations (CAO). REGULATORY The certificate will describe the permitted aquaculture organisms, type and quantity PROCESS of gear on a particular shellfish lot and the referenced USACE permit number. This certificate is issued once all other local, state and federal authorizations have been issued to the applicant, and copies of such documents have been forwarded by the applicant to DA/BA. Then, and only then, may aquaculture production commence. STEP 1. Site selection and Step 4. Seafood Sanitation Training and Plan designation In order to harvest and sell product for public consumption, the applicant must STEP 2. take seafood sanitation training and develop a sanitation plan for their operation, Use of aquaculture purchase shellfish shipper tags, and undergo inspection of vessels and facilities organisms (see section 5). STEP 3. Planting and cultivation 3.2. DESCRIPTION OF AQUACULTURE GEAR AND/OR STEP 4. FACILITIES USE Production This type of aquaculture refers to the propagation of molluscan shellfish and/or seaweed using STEP 5. Handling, harvest and aquaculture gear (e.g. bags, cages, long lines, predator nets, upwellers) and/or land-based sale facilities (e.g. hatcheries, research laboratories). Any proposed activities involving aquaculture gear or facilities, commercial or otherwise, are subject to this regulatory process described here. An overview of the regulatory process for the use of aquaculture gear and/or facilities is provided in Fig. 5. A detailed step-by-step overview of the application and review process is provided in Fig. 6.
The application and resulting review process are in place to ensure that aquaculture activity is compatible to the extent possible with existing human uses of Long Island Sound and that the final configuration will have minimal adverse impacts to navigation, protected marine species and essential fish habitat. The review process involves an assessment of the potential for impacts
Use of Agriculture Site Selection and Organisms Production Handling, Harvest, Designation and Sale Planting and Cultivation Apply for: Attend and Receive DA/BA Shellstock Completion Certi cate Shipper I License; for Seafood HACCP or Course DA/BA Seaweed Producer Apply to town or Apply to DA/BA License (and if DA/BA Issues state to obtain for Joint Agency applicable, a CT Certi cate of tentative Develop Seafood Application for Food Manufacturing Aquaculture authorization for HACCP Plan Marine Aquaculture Establishment License) Operations access to space to Applicant Production licenses are not required for non-commercial projects that do Schedule Vessel/ not grow for Facility Inspection human consumption
Figure 5: Overview of Regulatory Process for Use of Aquaculture Gear and Facilities.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 17 Figure 6: Detailed Application and Review Process for Use of Aquaculture Gear and Facilities
STEP 1: JOINT AGENCY APPLICATION DA / BA
STEP 2: INITIAL SCREENING - Town STEP 2: INITIAL SCREENING - State STEP 2: INITIAL SCREENING - Federal (if applicable) DEEP USACE
STEP 3: JOINT AGENCY RESPONSE
Application rejected Application accepted
STEP 4: REGULATORY REVIEW (STATE) STEP 4: REGULATORY REVIEW (FEDERAL)
With With With Substantial Concerns Minimal Concerns No Concerns
Project is exempt Project is not exempt from DEEP LWRD from DEEP LWRD permitting permitting USACE begins USACE begins USACE begins requirements requirements; project DEEP LWRD Dept. of Army Dept. of Army Dept. of Army is eligible to be Consistency Review, Individual Permit General Permit PCN General Permit reviewed under a COP, issues public Process, Federal EPA, Process, Federal EPA, SV Process SDF&TW or CT GP notice period ESA & EFH coordination ESA & EFH coordination (Deep LWRD provides (15 Days) (Environmental Impact (Environmental Impact permitting guidance Review) Review) DEEP LWRD sends in Joint Agency letter to applicant Response to confirming an the applicant) exemption determination and provides notification USACE determines if USACE sends letter USACE sends letter if a Marker Permit DEEP LWRD DEEP LWRD Section 408 permit is of permit verification to applicant with Application objects, project concurs project is needed for impacts to issued to applicant verification that the Applicant submits the is required is inconsistent with consistent with FNP, connects with or without project is covered required state CZMP, sends letter CZMP, sends letter applicant with USACE special conditions under Department permit application to applicant to applicant Civil Works Dept. for of Army GP for CT to DEEP LWRD and USACE and USACE permit application self-verification & next steps
DEEP LWRD reviews application; issues public notice period Issues Public Health (30-40 Days) Notice, holds hearing (if applicable) addresses public comments, conduct NEPA public interest review
Permit issued Project Denied to applicant provides notification if a Marker Permit is required
Project Denied Permit Issued to applicant
STEP 5: TOWN REVIEW (if Applicable)
Project Denied Town lease / license issued to applicant
STEP 6: Certificate of Aquaculture Operations (if Applicable)
STEP 7: Production License(s) (if Applicable)
STEP 8: Seafood Sanitation Training and Plan (if Applicable)
A GUIDE TO MARINE AGRICULTURE PERMITTING IN CONNECTICUT • JULY 2019 18 to existing uses including established rights to fishing (as identified in CGS Sec. 26-204), wetlands, fish and wildlife, marine mammals, Endangered Species Act-listed species, water quality, navigation, etc., as THE identified within 33 CFR 320-334. As previously mentioned (see section 2.1), policies are in place that REGULATORY restrict non-native species and that require a license, and impose restrictions, for use and transport of PROCESS native species. If the proposed project will result in unacceptable adverse effects to navigable waters or aquatic resources, permit authorization will be denied by local, state and/or federal officials. Authorization from STEP 1. one agency does not indicate full authorization of the project. Authorization by federal, state and town Site selection and officials (if applicable) is required prior to the applicant conducting aquaculture activities in the State designation of Connecticut. STEP 2. Use of aquaculture 3.2.1. Application and Review Process organisms Step 1. Application STEP 3. Once the applicant has received tentative authorization to use space in town or Planting and state waters, they must then complete the Joint Agency Application for Marine cultivation Aquaculture. This application process incorporates both the use of aquaculture STEP 4. organisms and the associated aquaculture gear and facilities. The application Production must be completed and submitted to DA/BA. There is no fee associated with STEP 5. this application. The DA/BA reviews the application to ensure that it is complete. Handling, harvest and Incomplete applications are returned to the applicant. sale Step 2. Initial Screening The DA/BA forwards a copy of the application to DEEP Land and Water Resources Division (DEEP LWRD) and USACE. If the project is proposed in town waters, the application is also sent to the local shellfish commission, harbor management commissions and/or the harbor master. If the project is proposed in the Branford Initiative Area, DA/BA will solicit comments from the Thimble Island Association secretary and the Thimble Island Ferry District. Comments received with regard to aquaculture applications are then forwarded to DEEP LWRD and USACE.
Town Screening Connecticut’s municipal shellfish commissions are responsible for managing shellfish resources, shellfisheries and aquaculture in waters lying north of the State Jurisdiction Line, or “town waters.” Each commission is required to develop a comprehensive management plan that includes a process for leasing commercial shellfish grounds and providing local review of applications for placement of aquaculture structures in town waters. In addition, local harbor management commissions/harbor masters review activities such as aquaculture that may occur in or near areas under their jurisdiction.
Although these local decision-makers do not have legal authority to permit the use of aquaculture gear, these commissions play a role in the review process for potential social and use conflicts, as well as potential effects on protected habitats and/or species caused by aquaculture activity. If projects are located in municipal waters, the local shellfish commission is asked to provide preliminary comments on the proposed project using the Joint Agency Memorandum Form provided by DA/ BA. DA/BA enters any comments into the joint agency response (see step 3).
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 19 State Screening The State of CT has been regulating all in-water structures , obstructions and THE encroachments since 1939. DEEP LWRD regulates all activities conducted REGULATORY in tidal wetlands and in tidal, coastal or navigable waters in CT under the PROCESS Structures, Dredging & Fill Act (CGS sections 22a-359 through 22a-363f, inclusive) and the Tidal Wetlands Act (CGS sections 22a-28 through 22a-35, inclusive. The major regulatory objective is to avoid or minimize navigational conflicts, private encroachments into the state’s public trust , and adverse STEP 1. impacts on coastal resources and uses, consistent with Connecticut’s Coastal Site selection and Management Act (CGS sections 22a-90 through 22a-112, inclusive) designation Aquaculture Exemption Determination Review STEP 2. Use of aquaculture DEEP, LWRD is responsible for the implementation, oversight and organisms enforcement of the state’s Coastal Management Program, and as such, is responsible for the review of aquaculture applications to determine whether STEP 3. Planting and a project meets the exemptions for aquaculture-related activities as identified cultivation in CGS section 22-11h(c). DEEP LWRD conducts an Aquaculture Exemption Determination Review and identifies whether the project meets the criteria STEP 4. Production that would exempt the project from LWRD permitting requirements pursuant to CGS sections 22a-359 through 22a -363f (see step 4a). If aquaculture STEP 5. structures are proposed within a leased or designated shellfish area, do Handling, harvest and sale not interfere with navigation in customary boating or shipping lanes and channels and do not have negative impacts to State Listed Species or finfish resources, permits from LWRD are not typically required. The LWRD receives comments from DEEP Fisheries, Boating and Water Permitting and Enforcement Division Bureau of Materials Management and Compliance Assurance (WPED). DEEP LWRD provides a determination and permitting guidance if necessary in the joint agency response (see step 3), as well as in a letter directly to the applicant if the project is found to be exempt. DEEP also has regulatory authority of marine aquaculture discharges, water diversions and discharge/intake structures in the coastal zone. These activities require consistency review with the state’s Coastal Management Program, which is administered by LWRD. These activities are regulated cooperatively at the state and federal level by DEEP and the USACE. The DEEP Fisheries Division (DEEP Fisheries) is responsible for regulating recreational and commercial fisheries in Connecticut’s marine waters, with the goal of maintaining sustainable fisheries and fish populations. The Marine Fisheries Division reviews applications for aquaculture activity for effects on fish and fish habitat, as well as effects on the commercial and recreational fisheries under the division’s jurisdiction. Comments on the application, including recommendations to avoid or minimize adverse effects on resources and fisheries, are sent to the DEEP LWRD for inclusion in a joint agency response (see step 3). The DEEP Navigation Safety/Boating Access Unit (DEEP Boating) is responsible for planning, developing and implementing the Navigation Safety Program, which includes appropriate marking of aquaculture structures. DEEP
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 20 Boating reviews all aquaculture proposals for navigation, safety and boating access, and sends comments to the DEEP LWRD for inclusion in a joint agency response THE (see step 3). REGULATORY The DEEP Bureau of Materials Management and Compliance Assurance, Water PROCESS Permitting and Enforcement Division (WPED) regulates diversions and discharges to waters of the state, including all surface waters, ground waters and publicly owned treatment works (POTW) (i.e., sewage treatment plants). DEEP issues discharge permits in three major categories. This includes discharges from aquaculture STEP 1. Site selection and facilities (i.e., hatcheries) (see step 4). WPED provides regulatory direction for designation applicants to the LWRD for inclusion in a joint agency response (see step 3) STEP 2. DEEP LWRD conducts an Aquaculture Exemption Determination Review and Use of aquaculture identifies if the project is exempt from DEEP permitting requirements per CGS organisms 22a-359 to 22a -363f, or if the project is not exempt from DEEP LWRD permitting STEP 3. authority and will require a DEEP LWRD permit (see step 4a). If the proposed Planting and project is within a designated shellfish lease, franchise or designated shellfish area, cultivation and does not pose significant impacts to navigation, permits from this division are STEP 4. not typically required. The DEEP LWRD receives comments from DEEP Fisheries, Production Boating and WPED. DEEP LWRD provides its determination and next steps in a joint STEP 5. agency response (see step 3), as well as in a letter directly to the applicant. Handling, harvest and Federal Screening sale In Connecticut, the USACE reviews and authorizes aquaculture activities it regulates under Section 10 of the Rivers and Harbors Act, Section 404 of the Clean Water Act, and several other federal laws (see section 6). Upon receipt of the application, the USACE determines the type of permit review (see step 4b), the need for Individual Endangered Species coordination with the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS), and/or the need for Expanded Essential Fish Habitat Coordination with NMFS (aka Environmental Impact Review). Regardless of the type of permit application, the USACE conducts an evaluation of the probable project impact, including environmental impacts and user-related conflicts. The agency provides its determination and next steps (if any) in a joint agency response (see step 3), as well as in a letter directly to the applicant. Agency comments will also provide an estimated timeframe for the federal review and determines any additional information needed from applicant.
Step 3. Joint Agency Response The review of the Joint Agency Application for Marine Aquaculture will result in a joint agency response, issued by DA/BA, which will notify the applicant as to any additional information necessary for the review, any suggested changes to the proposed project, or to inform the applicant as to the next steps in the process. Because these types of applications typically involve the long-term placement of structures in the coastal zone, they may require one or more state and federal permits and involve public notice and hearings.
Step 4. Regulatory Review State Regulatory Review (DEEP LWRD) If the proposed aquaculture project has the potential to interfere with navigation in
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 21 customary boating or shipping lanes and channels, and/or will not be located within a leased or designated shellfish area, the activity will not be exempt THE from LWRD permitting requirements and require a Structures, Dredging & REGULATORY Fill and Tidal Wetlands Permit or a Certificate of Permission. Aquaculture PROCESS related activities such as the placement of cultch or research experiments may be eligible for a General Permit for Coastal Maintenance and Minor Coastal Structures. DEEP Boating may also require regulatory markers for the project if it poses STEP 1. Site selection and any hazard to safe navigation. In the case of land-based facilities, if water designation is diverted to or discharged from the site, it may require state and federal diversion/discharge permits or an exemption. A description of these permits is STEP 2. Use of aquaculture provided in the following sections. organisms The agency may issue a Public Notice describing the proposed work followed STEP 3. by a public comment period of 30-40 days. The agency may also hold a Public Planting and cultivation Hearing if it determines that one is needed.
STEP 4. Production DEEP Certificate of Permission Minor activities related to previously authorized work may be eligible for a STEP 5. Certificate of Permission (COP) in accordance with CGS Sections 22a-361 Handling, harvest and sale through 22a-363c. Generally, the installation of a floating upweller or other aquaculture equipment to an existing, permitted structure such as a dock is a COP eligible activity. A decision on a COP is made within 45 days if the application is found to be complete, or within 90 days if the application requires additional information to complete the review process.
DEEP General Permits The placement of cultch is eligible for coverage under the DEEP General Permit for Coastal Maintenance DEEP-OLISP-GP-2015-02. If all general permit conditions and criteria are complied with, such activity does not require an application to be submitted to DEEP. Consultation with DEEP LWRD staff is strongly recommended. The installation and maintenance of aquaculture related scientific/ experimental structures may be eligible for coverage under the DEEP General Permit for Minor Coastal Structures DEEP-OLISP-GP-2015-01 for experimental acticities or the placement, removal and replacement of scientific monitoring devices. If all general permit conditions and criteria are complied with, such activity does not require an application to be submitted to DEEP. Consultation with DEEP LWRD staff is strongly recommended.
DEEP Structures, Dredging, Fill and Tidal Wetlands Permit Activities that are not eligible for authorization under a DEEP General Permit or Certificate of Permission will require a Structures, Dredging & Fill and Tidal Wetlands permit pursuant to Sections 22a-361 and 22a-32 of the Connecticut General Statutes. These activities typically include long-line proposals, the installation of a new discharge/intake pipe for a hatchery on the upland and
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 22 other work for which a detailed review of potential environmental, public trust and navigational impacts is needed. A 30/40 day notice period for public THE comment is required for all Structures, Dredging & Fill and Tidal Wetland REGULATORY applications and applications may take up to nine months for a decision PROCESS depending on the complexity of the project and completeness of application materials submitted.
DEEP Permit for Marker Buoys The DEEP Navigation Safety/Boating Access Unit determines if the proposed STEP 1. Site selection and aquaculture activity will be located in a customary boating or shipping lane or designation channel, and then assesses if the proposed project has the potential to interfere with navigation or the public’s use of the waters. If the project may interfere, STEP 2. Use of aquaculture the agency will require the applicant to obtain a DEEP Regulatory Marker organisms Permit. DEEP Navigation Safety/Boating Access Unit (DEEP Boating) provides its determination and next steps (if any) in the joint agency response, as well as a STEP 3. letter directly to the applicant. Planting and cultivation DEEP Water Diversion/Discharge Permit/Exemption STEP 4. CGS section 22-11h (b) states, “Aquaculture operations that withdraw less than Production two hundred fifty thousand gallons per day of water, where such water is not STEP 5. approved for human consumption, and where water so withdrawn is returned Handling, harvest and to the same source from which it was withdrawn, shall be deemed not to be a sale diversion as defined in CGS section 22a-367 and shall be exempt from the water diversion permitting requirements of chapter 446i.” All proposed discharges from aquaculture operations are coordinated with DEEP Water Permitting and Enforcement Division Bureau of Materials Management and Compliance Assurance for consistency with Connecticut’s Water Quality Standards. The Surface Water Discharge Permit Program, also known as the National Pollutant Discharge Elimination System (NPDES) under federal law, regulates discharges into surface waters (either directly or through municipal storm sewer drainage systems, or through other drainage systems such as wetlands or swales). The Ground Water Discharge Permit Program regulates discharges to groundwater from any source, including but not limited to large septic systems, agricultural waste management systems and all waste landfills. The Pre-treatment Permit Program regulates discharges to a POTW, through municipal sanitary sewer drainage systems, or through combined storm and sanitary sewer systems. All wastewaters (excluding domestic sewage) that are hauled directly to a POTW will require either a pre-treatment permit or will be regulated under the POTW permit. Domestic sewage hauled directly to a POTW is regulated by the Connecticut Department of Public Health. If the proposed project will discharge water, substances or materials into the waters of the state, the applicant will be required to obtain a permit prior to commencing the discharge. Waters of the state include all surface and ground waters, sanitary and storm sewers.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 23 Federal Regulatory Review The federal regulatory review occurs at the same time as the state regulatory THE review and is coordinated with DEEP LWRD as necessary.
REGULATORY Department of Army General Permit PROCESS In Connecticut many aquaculture activities may be eligible for review under the Department of the Army General Permit for the State of Connecticut, known as the Connecticut (CT) General Permit1. This type of permit authorizes activity-specific categories of work which are similar in nature STEP 1. Site selection and and will result in no more than minimal individual and cumulative adverse designation environmental impacts. There are two categories of General Permit; self-verification (SV) and preconstruction notification (PCN). A SV is STEP 2. Use of aquaculture administrative only and does not require interagency coordination, where organisms the PCN does require coordination with other federal resource and/or regulatory agencies. If the project is eligible for SV, the applicant will receive STEP 3. a letter of verification directly from the USACE, usually within 10-days of DA/ Planting and cultivation BA conveyance of the Joint Aquaculture Application. If the project is to be reviewed as a PCN, the USACE will determine if the application is complete. STEP 4. Production If it is complete, USACE will commence federal agency coordination and consultations as discussed below. However, it is important to note that the STEP 5. USACE retains discretionary authority to require a Standard (Individual) Handling, harvest and sale Permit (see next section) for any regulated work based on concerns for the aquatic environment or for any other factor of the public interest, even if the project meets the eligibility criteria under the permit. The USACE policies for the evaluation of permit applications can be found in 33 Code of Federal Regulations Chapter II, Parts 320 through 334. If the application is potentially eligible under the PCN category of the Department of Army CT General Permit, the USACE will conduct an expedited review of the application and coordinate the review of the project with the state and relevant federal resource agencies, as is required. If concerns regarding Endangered Species or Essential Fish Habitat are present, the USACE will conduct Individual Endangered Species coordination with USFWS or NMFS, and/or Expanded Essential Fish Habitat Coordination with NMFS (see “Federal Coordination Process” below). The project may also be coordinated with the U.S. Environmental Protection Agency and the State Historic Preservation Commission, depending upon the aquatic resource areas that are present at the site. In some cases, additional information may be necessary to complete these consultations. If the USACE concludes that the aquaculture gear in waters of the United States is eligible for coverage under the Department of Army CT General Permit as a PCN, the applicant will receive a letter of verification of coverage under the CT General Permit directly from the USACE. The USACE will add special conditions to the verification when such conditions are necessary to 1 The General Permit in Connecticut is reassessed as required by regulation every five years. The process involves issuance of a public notice to obtain comments on the draft permit, and the permit is subject to National Environmental Policy Act (NEPA) analysis which includes a public interest review, completion of an environmental assessment, including evaluation of cumulative impacts, and a statement of findings.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 24 satisfy legal requirements or to otherwise address issues of the public interest. The USACE verification letter will also identify an expiration date for the initial THE (first) installation of the authorized gear. In the case of seasonal gear, once REGULATORY initially installed, it can be returned to the water annually without further PROCESS authorizations, provided it is adequately marked and maintained in good condition in accordance with Coast Guard requirements. Further, the number of initial authorized gear units (bags, cages, longlines) permitted cannot be exceeded and must remain inside the approved gear perimeter. If eelgrass has STEP 1. colonized the gear area, modifications to the project are required (see “Key Site selection and Considerations and Restrictions” on page 6). A copy of the USACE verification designation letter, when issued, is forwarded to the DA/BA and the DEEP LWRD. If the STEP 2. project is permitted within town waters, the local shellfish commission, harbor Use of aquaculture management commission and/or harbor master will also receive a copy of the organisms approval letter. STEP 3. Planting and Department of Army Individual Permit cultivation For those activities in which the federal or state regulatory agencies or environmental resource agencies identify concerns for greater than minimal STEP 4. Production impacts, either individually or cumulatively to aquatic resources or navigable waters, a Department of Army Individual Permit will be required. STEP 5. Handling, harvest and Individual Permit applications submitted to the USACE are subject to a Public sale Notice of the proposed work followed by a comment period of between 15 and 30 days. The USACE functions as an impartial party (neither a project proponent or opponent) and uses the Public Notice to alert interested public agencies, private individuals and abutters of the agency’s receipt of the application, and to solicit comments and information, which it will use to evaluate the probable impact of the activity on the public interest. If the USACE receives comments on the notice, it may forward these comments to the applicant for response and/or resolution. The USACE may also hold a public hearing if it determines that one is needed. During review of the application the USACE is required to: 1) conduct an evaluation of reasonable and practicable alternatives under NEPA if there are unresolved conflicts or concerns, 2) complete an environmental assessment; and, 3) complete a statement of findings for all jurisdictional activities that are not subject to exclusion, which includes a determination as to whether a project will have a significant impact on the quality of the human environment that may warrant completion of an Environmental Impact Statement. The environmental assessment will include an evaluation of the proposed activity to determine probable individual and cumulative impacts, on factors of interest to the public. During this analysis, expected benefits of allowing the activity are balanced against foreseeable detriments. Evaluation factors may include conservation, economics, aesthetics, cultural values, food and fiber production, navigation, recreation, water quality, safety, needs and welfare of the people. The specific weight of each factor is determined by its importance and relevance to the particular proposal. How important a factor is and how much consideration it deserves will vary with every project. Full
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 25 consideration and appropriate weight are given to all substantive comments including those of federal, state and local agencies, and other experts on THE matters within their expertise. Regulation requires that the USACE consider REGULATORY the relative extent of the public and private need for the proposed project, PROCESS the practicality of using reasonable alternative locations and methods to accomplish the objective of the proposed project and the extent and permanence that the proposed activity is likely to have on the public and private uses to which the area is suited. This process culminates in a decision STEP 1. to issue, or deny, an application as well as identification of any conditions that Site selection and may be needed to protect the public trust or the aquatic environment. designation The USACE review of an Individual Permit application can take anywhere from STEP 2. Use of aquaculture four months to two years depending on the completeness and timeliness organisms of the application materials submitted, complexity of the project, and is contingent upon state permit coastal zone management timeframes. STEP 3. Planting and State Coordination Process cultivation If USACE is reviewing an aquaculture project under the IP, LWRD must STEP 4. conduct a standard consistency determination. When an aquaculture Production project is reviewed by the USACE as an individual Permit, LWRD must STEP 5. conduct a standard consistency determination pursuant to section 307(c) Handling, harvest and (3) of the Coastal Zone Management Act of 1972, as amended, and Subpart sale C of 15 Code of Federal Regulations (‘CFR’), Part 930. Federal consistency is the CZMA requirement that federal actions , in this case a federal permit decision, must be consistent with a State’s federally-approved Coastal Zone Management Plan. The USACE will send DEEP LWRD a letter requesting a federal consistency concurrence or objection for a proposed aquaculture project and a certificate of consistency statement signed by the applicant. The LWRD consistency process on IP applications must include a 15-day public notice period and by federal law such a review must be completed within six months from the date that the certificate of consistency statement was received. Concurrence is presumed if no response is given by the State within six months(unless an extended review timeframe has been agreed to by the applicant, USACE and DEEP.
Federal Coordination Process The USACE is required by federal regulation to coordinate the activities it reviews with the National Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service Greater Atlantic Regional Fisheries Office, herein referred to as NMFS, in several different ways. The NMFS manages fishing in federal waters under the Magnuson-Stevens Fishery Conservation and Management Act. This law includes Essential Fish Habitat (EFH) provisions that require the Corps to consult with NMFS if the proposed federal action of issuing a permit for commercial aquaculture has the potential to adversely affect the habitat of wild fish stocks managed by NMFS. Essential fish habitat is the habitat necessary for managed fish to complete their life cycle, so it includes habitats in nearshore areas where most U.S. aquaculture production currently takes place. In Connecticut, the USACE has a Programmatic
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 26 Agreement (PA) with NMFS to expedite EFH consultation for projects that are anticipated to have minimal adverse impacts on the habitat, either individually THE or cumulatively. The process involves inclusion of programmatic conservation REGULATORY recommendations to minimize the potential for adverse effect to EFH. PROCESS The USACE also coordinates with the NMFS if an aquaculture activity has the potential to adversely affect Endangered Species Act-listed species and/ or designated critical habitat for a listed species under its purview. The NMFS possesses responsibility for protection of marine resources such as whales, STEP 1. Site selection and sea turtles and sturgeon, all of which can be found in Long Island Sound. designation Completing this consultation requires analysis of the activity’s effects on the species and its critical habitat based on the best available science, and through STEP 2. Use of aquaculture the development of appropriate terms and conditions to avoid, minimize or organisms compensate for the adverse impacts. In Connecticut the USACE also has a PA with NMFS to expedite ESA consultations for projects that may affect but are STEP 3. not likely to adversely affect or otherwise jeopardize the existence of resources Planting and cultivation listed under ESA. If an activity does not meet the criteria for consideration under either of the PAs identified above, individual consultation (either STEP 4. Production abbreviated or expanded) is required. This type of consultation may require the applicant to provide additional project-related information and/or complete an STEP 5. assessment of project impact on ESA-listed species or EFH. More information Handling, harvest and sale about the Section 7 consultation process or the content of an EFH biological assessment can be found on the NMFS website. The agency also has review authority under the U.S. Fish and Wildlife Act as it possesses particular expertise and responsibility for conservation of fish and wildlife resources. The USFWS, like the NMFS, has authority under Section 7 of the ESA and the USACE is required to consult with the agency if an aquaculture activity has the potential to adversely affect an ESA-listed species and/or the designated critical habitat for an ESA-listed species, that is under USFWS ESA purview. In the case of Connecticut aquaculture, the USFWS is most likely to be consulted to determine if an aquaculture activity will have an adverse effect to ESA- listed birds such as the piping plover, roseate tern or red knot, or their habitat. The agency also has review authority under the U.S. Fish and Wildlife Act as it possesses particular expertise and responsibility for conservation of fish and wildlife resources. In addition, all applications are sent to the Connecticut State Historic Preservation Office for review and comment pursuant to the National Historic Preservation Act of 1966. In rare cases, the applicant may be required to contract for an archeological reconnaissance survey in order to document the presence or absence of significant archeological sites. If the proposed operation would damage a significant historical or archeological resource, the USACE may require modification of the proposal, or deny authorization for the proposed activity. Other agencies at the local, state and federal level may play a role in reviewing aquaculture applications. These may include, but are not limited to the following agencies:
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 27 P Connecticut Department of Public Health THE P Connecticut Department of Consumer Protection REGULATORY P Connecticut State Historic Preservation Office PROCESS P U.S. Food and Drug Administration P U.S. Coast Guard P Bureau of Ocean Energy Management STEP 1. Site selection and P Northeast Fishery Management Council designation P Atlantic States Marine Fisheries Commission STEP 2. Use of aquaculture Further, the USACE shares Clean Water Act Section 404 authority with organisms the U.S. Environmental Protection Agency (EPA), though the roles and responsibilities of the two federal agencies differ in scope. Simply put, in STEP 3. Planting and the case of aquaculture, the USACE administers the day-to-day regulatory cultivation program implementation including evaluation of applications and decisions as to whether to issue an authorization for a particular activity and compliance STEP 4. Production with the NEPA. The EPA is responsible for development of the environmental criteria to which aquaculture projects with discharges into waters or wetlands STEP 5. must be evaluated. These criteria are most commonly referred to as the Clean Handling, harvest and sale Water Act (CWA) 404(b)(1) Guidelines. The Section 404(b)(1) Guidelines are mandatory criteria. However, evaluation of compliance with the 404(b)(1) Guidelines is not required for Section 10 activities (dredging and/or placement of structures in Section 10 waters). EPA also reviews and comments on applications that are submitted to the USACE and provides recommendations, as needed, to ensure that impacts of authorized activities are avoided, minimized and mitigated to the greatest extent practicable. The US EPA possesses veto authority to prohibit, deny or restrict the use of any defined area as a disposal site under Section 404(c) of the CWA. If applicable, USACE may issue a public notice and may hold a public hearing. The agency will consider the public comments and either approve and issue authorizations for the project, suggest modifications to the project or deny the project.
Step 5. Town Regulatory Review (if applicable) Written authorization from all agencies (CT DA/BA, CT DEEP and USACE) as well as local officials (if applicable) is required before aquaculture activities can commence or gear can be placed in the water. Even if projects are authorized by state and federal officials, town officials may deny a project with cause. In the case where the town has only made a tentative determination of site suitability, the applicant must apply for and receive state and federal authorizations before proceeding with the local regulatory review process for a site to conduct aquaculture activity. For shellfish projects in town waters (except in Bridgeport, Milford, West
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 28 Haven, New Haven, Westport and Branford Initiative Area) the applicant must return to the town with the relevant state and federal authorizations. Typically, THE the town will commence its final review of the application from applicant for REGULATORY a suitable place to plant and cultivate shellfish and enter into an agreement PROCESS with the applicant for an agreed-upon duration. The town may choose to place additional requirements on the applicant as a result of the state/federal process.
Step 6. Certificate of Aquaculture Operations The end result of the permitting process is a DA/BA Certificate for STEP 1. Site selection and Aquaculture Operations. designation The certificate will describe the permitted aquaculture organisms, type STEP 2. and quantity of gear on a particular shellfish lot and the referenced USACE Use of aquaculture permit number. This certificate is issued once all other local, state and organisms federal authorizations have been issued to the applicant, and copies of such STEP 3. documents have been forwarded by the applicant to DA/BA. Then, and only Planting and then, may aquaculture production commence. cultivation Step 7. Production Licenses STEP 4. The applicant must complete the relevant DA/BA production license Production application which encompasses the licensing for handling, harvest and sale of STEP 5. aquaculture products (see section 4.1.1). Handling, harvest and sale Step 8. Seafood Sanitation Training and Plan In order to harvest and sell product for public consumption, the applicant must take seafood sanitation training and develop a sanitation plan for their operation, purchase shellfish shipper tags, and undergo inspection of vessels and facilities (see section 5).
4. PRODUCTION Only licensed commercial operations may cultivate, harvest and sell aquaculture product to the public. In order to do so, one or more state licenses may be required. In addition, license holders must obtain seafood safety training and develop a Hazard Analysis and Critical Control Points (HACCP) Plan for their operation (see Section 5).
4.1. SHELLFISH PRODUCTION LICENSE AND ASSOCIATED REQUIREMENTS
4.1.1. Shellstock Shipper I License: Combined Harvest and Relay Activities The DA/BA Shellstock Shipper I License is for harvest and relay activities, and allows the licensee to grow, harvest, buy, or repack and sell shellstock and be listed on the Interstate Certified Shellfish Shippers List (ICSSL). Shellstock shippers are not authorized to shuck shellfish nor to repack shucked shellfish under this license.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 29 Step 1. Application The applicant must complete an application for a DA/BA Shellstock Shipper 1 THE License. This license can only be applied for once all relevant local, state and REGULATORY federal authorizations for aquaculture operations or facilities have been received PROCESS as these authorization numbers must be entered on the license application form. A dealer seeking certification as a Shellstock Shipper must abide by conditions and standards in accordance with the National Shellfish Sanitation Program Model Ordinance (NSSP-MO) and the United States Food and Drug Administration STEP 1. Site selection and (USFDA) Code of Federal Regulations (CFR) Title 21 and conform to all regulatory designation and statutory requirements pertinent to this operation as per Connecticut General Statute Sec. 26-192, Sec. 26-241 and Chapters 491 and 492. STEP 2. Use of aquaculture The DA/BA or DEEP Division of Law Enforcement (DLE) may inspect shellfish beds organisms and areas where shellfish are grown or harvested, all boats, tools and appliances used STEP 3. in the production and preparation of shellfish and all wharves and buildings where Planting and cultivation shellfish are stored, transferred, opened, packed or prepared for sale or shipment. STEP 4. Shellfish harvested under this license shall be subject to embargo, disposal or return Production to growing area under supervision if found to be contaminated, significantly time/ STEP 5. temperature abused or otherwise non-compliant with requirements of this license. Handling, harvest and sale Step 2. Seafood Sanitation Training and Plan In order to harvest and sell product for public consumption, the applicant must take seafood sanitation training and develop a sanitation plan for their operation, purchase shellfish shipper tags, and undergo inspection of vessels and facilities (see section 5).
4.2. SEAWEED PRODUCTION LICENSES AND ASSOCIATED REQUIREMENTS 4.2.1. Raw Agricultural Seaweed Commodity Raw Agricultural Seaweed Commodity, or fresh seaweed, is an approved species, in its raw, whole and unprocessed form, sold by the agricultural unit (not by weight or volume) (ex. sold by the blade) and in an unsealed bag or box. The intended use of raw seaweed is to be eaten as is or cooked or processed by the end-user. In Connecticut, a local seaweed seed source, defined as originating from a Connecticut hatchery and utilizing spawning stock harvested from the waters of Long Island Sound, must be utilized.
Step 1. Application In order to offer a Raw Agriculture Seaweed Commodity for sale in Connecticut, a producer must complete an application for a DA/BA Aquaculture Seaweed Producer License
Step 2. Seafood Sanitation Training and Plan In order to harvest and sell product for public consumption, the applicant must take seafood sanitation training and develop a sanitation plan for their operation, purchase tags, and undergo inspection of vessels and facilities (see section 5).
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 30 Tag/Label information required: THE P Company Name P Business Address REGULATORY P License # PROCESS P Harvest Date P Harvest Area P Quantity/Unit STEP 1. Site selection and 4.2.2. Processed Seaweed Commodity designation Processed Seaweed Commodity is defined as seaweed that is an approved STEP 2. species in a processed form (cut, blanched, cooked, dried, frozen), may be sold Use of aquaculture packaged in a sealed bag, and may be sold by weight or volume (ex. by the ounce). organisms In consideration of the regulatory structure in Connecticut, raw seaweed that STEP 3. has been packaged in any way other than what is allowed for a Raw Agricultural Planting and cultivation Commodity is considered to be a processed seaweed commodity and is subject STEP 4. to additional Connecticut Department of Consumer Protection (DCP) licensing. Production Local seaweed seed, defined as originating from a Connecticut hatchery and from STEP 5. reproductive tissue harvested from the waters of Long Island Sound, must be utilized. Handling, harvest and sale Processed seaweed must meet all requirements of a raw agricultural seaweed commodity in addition to the requirements below. There may be additional analytical testing required by the regulatory agencies depending on the type of processing that the seaweed will be subject to.
Step 1. Seaweed Producer License Each operation that intends to produce seaweed to be sold as a Processed Seaweed Commodity must apply for a DA/BA Seaweed Producer License.
Step 2. Food Manufacturing Establishment License The operation must also complete an application for a DCP Food Manufacturing Establishment License. The requirements associated with this license can be found online.
Step 3. Seafood Sanitation Training and Plan In order to harvest and sell product for public consumption, the applicant must take seafood sanitation training and develop a sanitation plan for their operation, purchase tags and undergo inspection of vessels and facilities (see section 5).
Food Labeling: Under Connecticut law, packaged food sold in the state must be labeled in accordance with the Federal Food Drug and Cosmetic Act, the Federal Fair Packaging and Labeling Act, and the Uniform Packaging and Labeling Regulation as adopted by the National Conference of Weights and Measures. Food labeling shall include but not be limited to the following items: P common name of the product; P list of ingredients in order of predominance; P net weight or volume; and, P name and address or phone number of the producer or distributor.
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 31 Labeling can be submitted to the Department of Consumer Protection for review for compliance with these laws: THE Food Label Review REGULATORY Department of Consumer Protection PROCESS Division of Food & Standards 450 Columbus Boulevard, Suite 901 Hartford, CT 06106
STEP 1. Site selection and designation 5. HANDLING, HARVEST AND SALE STEP 2. Use of aquaculture 5.1. SAFE SEAFOOD HARVEST organisms The DA/BA is responsible for classifying aquaculture growing waters, monitoring water quality, STEP 3. identifying sources of water pollution, seeking corrective actions, ensuring aquaculture Planting and cultivation producers have received the appropriate seafood sanitation training and developed a sanitation STEP 4. plan (see section 5.2). Further, the agency is responsible for inspecting all aquaculture vessels and Production facilities (see section 5.3). STEP 5. The DA/BA must conform to the U.S. Food and Drug Administration Interstate Shellfish Handling, harvest Sanitation Conference (ISSC) mandates of the National Shellfish Sanitation Program Model and sale Ordinance (NSSP-MO) in order to assure safe shellfishing areas for commercial and recreational harvesting, protection of public health, and to maintain its interstate standing and comply with Connecticut General Statutes Section 26-192. The NSSP-MO describes the minimum requirements for classification of shellfish harvest areas, proper harvesting, handling, labeling, storing, transporting of shellfish and associated record keeping. In addition, DA/BA is working with the state and federal government to develop and implement standards for safe seaweed harvest and processing. The DA/BA performs coastal sanitary surveys along Connecticut’s 250-mile shoreline and monitors harvest areas in Long Island Sound for the protection of public health. Seawater, shellfish and seaweed samples are collected at monitoring locations along the coastline and tested for fecal coliform bacteria. Fecal coliforms are an indicator group of bacteria that, when found at certain levels, suggest bacterial or viral contamination of the waters. Shoreline surveys are conducted to assess and correct sources of pollution. The DA/BA examines plankton tows and shellfish meats as necessary to evaluate the potential for marine biotoxins that can be formed by certain types of phytoplankton.
5.2. TRAINING AND PLANS Safe seafood handling training is a required part of the regulatory process for aquaculture operations in Connecticut. All shellfish and seaweed producers must take Hazard Analysis and Critical Control Point (HACCP) training and develop a HACCP plan and sanitation program conforming to the FDA Seafood Regulations for all wholesale products. The training program is offered 2-3 times annually by Connecticut Sea Grant, in conjunction with DA/BA, and includes a review of:
P specific sanitation measures that must be undertaken and monitored regularly;
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 32 P a Hazard Analysis and Critical Control Points plan that identifies and controls potential food safety hazards related to species and processing methods. THE To fulfill the training requirement, individuals can either take the three-day in-person course, REGULATORY Basic Seafood HACCP Course, or the online Segment One Course plus the one-day in-person PROCESS Segment Two HACCP course. The FDA recommends using the Association of Food and Drug Officials (AFDO)/Seafood HACCP Alliance training materials together with the FDA Fish and Fishery Products Hazards and Controls STEP 1. Guidance in the development of HACCP plans (FDA Guidance, 2011, 4th edition, page 19). In Site selection and addition, HACCP course instructors recommend that the National Shellfish Sanitation Program designation (NSSP) Model Ordinance be used as a guidance document. STEP 2. Use of aquaculture organisms 5.3. INSPECTION The DA/BA is responsible for the inspection and licensing of aquaculture operations including STEP 3. shellfish dealers involved in handling such as harvesting, shucking, depuration, repacking and Planting and cultivation reshipping of fresh and frozen oysters, clams, mussels and whole or roe-on scallops and seaweed STEP 4. producers engaged in the production of seaweed for use as a raw agricultural commodity. Production All shellfish processing and handling operations are inspected at least twice per year by DA/BA as STEP 5. required by the U.S. Food and Drug Administration (US FDA). Seaweed operations are inspected Handling, harvest and sale once a year as they produce a seasonal crop. During these inspections aquaculture sites, harvesting boats, vehicles, facilities, equipment, product handling procedures and record keeping are checked for compliance. Operational licenses are reviewed and appropriate corrective actions are taken.
Once the aquaculture producer has completed the required seafood sanitation training, developed a sanitation (HACCP) plan, and undergone inspection of facilities and vessels, their products may be offered for sale.
6. GOVERNANCE OF AQUACULTURE IN CONNECTICUT Marine aquaculture in Connecticut is governed by the Connecticut General Statutes, federal law and local ordinances. According to the CGS, the DOA shall have exclusive authority for granting or denying aquaculture permits, except for matters specifically concerning water discharges from such aquaculture operations into the waters of the state, which shall require approval by the DEEP as provided in section 22a-430. Individual structures used for aquaculture as defined in section 22-11c, including, but not limited to, racks, cages or bags, as well as buoys marking such structures, which do not otherwise require a permit under federal USACE regulations and do not interfere with navigation in designated or customary boating or shipping lanes and channels, shall be placed in leased or designated shellfish areas and shall be exempt from the requirements of sections 22a-359 to 22a-363f, inclusive. Aquaculture and other pertinent statutes and regulations are contained in the following chapters:
State Statutes P Chapter 422 Department of Agriculture (§22-11c to 22-11j)
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 33 P Chapter 440 Wetlands and Watercourses (§22a-28 to §22a-35) P Chapter 441k Pesticide Control (§22a-47a) P Chapter 444 Coastal Management (§22a-90 to §22a-112) P Chapter 446i Water Resources and Invasive Plants (§22a-359 to §22a-363f) P Chapter 446k Water Pollution Control (§22a-416 to §22a-430) P Chapter 490 Fisheries and Game (§26-55; §26-57; §26-157a) P Chapter 491 State Shellfisheries (§26-187 to §26-237c) P Chapter 492 Local Shellfisheries (§26-238 to §26-294) P Chapter 802b Decendents’ Estates (§45a-322 to §45a-323)
Regulations of Connecticut State Agencies:
P The Coastal Management Program also regulates work in tidal, coastal and navigable waters and tidal wetlands under the CCMA (Section 22a-90 through 22a-112 of the Connecticut General Statutes), the Structures, Dredging and Fill statutes (Section 22a-359 through 22a-363f) and the Tidal Wetlands Act (Section 22a-28 through 22a-35).
P Water discharge requirements are governed by the requirements of Sections 22a-430-3 and 4 of the Regulations of Connecticut State Agencies
Federal Regulations P U.S. Rivers and Harbors Act (Sections 10 & 14; 33 U.S.C. Section 407 and Section 408) P Department of Defense, Corps of Engineers, Department of the Army Regulatory Program of the Corps of Engineers (33 C.F.R. 320-334)
P U.S. Clean Water Act (Sections 401 & 404: 33 U.S.C., Sec. 1314) P National Environmental Policy Act (42 U.S.C. 4321 et.seq.) P U.S. Coastal Zone Management Act (16 U.S.C. 1456 c) P Section 103 of the Marine Protection Research and Sanctuaries Act (MPRSA) P U.S. Fish and Wildlife Coordination Act (16 U.S.C.)
P Marine Mammal Protection Act (Section 302; 16 U.S.C.) P Endangered Species Act (Section 7; (16 U.S.C. 1531 et.seq.) P Magnuson-Stevens Fishery Conservation and Management Act (Essential Fish Habitat provisions; Section 305; 16 U.S.C. 1801 et.seq.)
P National Historic Preservation Act (Section 106; 16 U.S.C. 470)
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 34 Contact Information for Permitting Agencies and APPENDIX I Extension Services
PERMITTING AGENCIES
David Carey Connecticut Department of Agriculture, Bureau of Aquaculture State Aquaculture Coordinator P.O. Box 97, Milford, CT 06460 (203) 874-0696 / fax (203) 783-9976 Email: [email protected]
Shannon Kelly Connecticut Department of Agriculture, Bureau of Aquaculture P.O. Box 97, Milford, CT 06460 (203) 874-0696 / fax (203) 783-9976 Email: [email protected]
Cori M. Rose US Army Corps of Engineers, Regulatory Division 696 Virginia Road, Concord, MA 01742 (978) 318-8306 / fax (978) 318-8303 Email: [email protected]
Krista Romero Connecticut Department of Energy & Environmental Protection Land & Water Resources Division 79 Elm Street, Hartford, CT 06106-5127 (860) 424-3399 Email: [email protected]
R. Michael Payton Connecticut Department of Energy & Environmental Protection Navigation Safety/Boating Access Unit P.O. Box 280, Old Lyme, CT 06371 (860) 434-8638 / fax (860) 434-3501 Email: [email protected]
Donald Gonyea Connecticut Department of Energy & Environmental Protection Water Permitting and Enforcement Division 79 Elm Street, Hartford, CT 06106-5127 (860) 424-3827 / fax (860) 424-4074 Email: [email protected]
Shellfish Commissions http://aquaculture.uconn.edu/commercial
Harbor Management Commissions/Harbor Masters https://www.ctharbormanagement.org/member.html
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 35 EXTENSION SERVICES APPENDIX I AQUACULTURE DEVELOPMENT
Tessa L. Getchis Connecticut Sea Grant / UConn Extension University of Connecticut, Avery Point Campus 1080 Shennecossett Road, Groton, CT 06340-6048 Email: [email protected] Phone (860) 405-9104
Anoushka Concepcion Connecticut Sea Grant / UConn Extension University of Connecticut, Avery Point Campus 1080 Shennecossett Road, Groton, CT 06340-6048 Email: [email protected] Phone: (860) 405-9105
Robert Pomeroy Connecticut Sea Grant / Department of Agriculture & Resources Economics University of Connecticut, Avery Point Campus 1080 Shennecossett Road, Groton, CT 06340-6048 Email: [email protected] Phone (860) 405-9215
SEAFOOD SAFETY AND TRAINING
Nancy C. Balcom Connecticut Sea Grant / UConn Extension University of Connecticut, Avery Point Campus 1080 Shennecossett Road, Groton, CT 06340-6048 Email: [email protected] Phone (860) 405-9107
Sea Grant Aquaculture Website: http://aquaculture.uconn.edu/commercial
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 36 LICENSES AND PERMITS ASSOCIATED WITH AQUACULTURE APPENDIX II
Agency Application Fee
Joint Joint Agency Application for Marine Aquaculture none
DA/BA Shellstock Shipper I License: Combined Harvest and Relay Activities none
DA/BA Seaweed Producer License none
DA/BA Scientific/Resource Assessment License none
DA/BA Shellfish Lease Application none
DA/BA Seaweed Area License Application none
DA/BA Branford Initiative Area License Application none
DEEP Application for Authorization to Place Regulatory Markers none
DEEP Certificate of Permission (COP) Application $375
DEEP Structures, Dredging and Fill & Tidal Wetlands Permit $660 (min)
DEEP General Permit for Minor Coastal Structures/Coastal Maintenance none
DEEP Request for Authorization under the General Permit for Diversion of varies Water for Consumptive Use
DEEP Coastal Management Consistency Review Form for Federal Activities none
DEEP Application for a Scientific Collector Permit none
DEEP Application for a Permit to Import Live Fish or Live Fish Eggs none
DEEP Application for a Permit to Import, Possess, or Liberate Wild Birds, Mammals, Reptiles, Amphibians and Invertebrates. none
DEEP Request for Natural Diversity Data Base (NDDB) State Listed Species Review Form none
USACE ENGR 4345 Application Form none
USACE Coastal Zone Management Consistency Statement none
USACE Permit Fee (only applies to issuance of Individual Permit) $100
A GUIDE TO MARINE AQUACULTURE PERMITTING IN CONNECTICUT • JULY 2019 37